FMLA Guidelines

We’ll assist you in tracking and managing intermittent FMLA leave … fighting FMLA fraud and FMLA abuse … and managing FMLA in general.

Beyond mastering FMLA regulations on intermittent leave, we’ll share FMLA guidelines on how to curb FMLA abuse, and dramatically improve your overall FMLA compliance.

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Employees and employers alike have embraced San Francisco’s generous paid sick leave law, according to a new survey by the nonprofit Institute for Women’s Policy Research. The law, enacted in 2007 after being approved by San Francisco voters, requires employers to credit workers with one hour of paid sick leave for every 30 hours they work.

Guess which of your employees are among the most likely to file a discrimination complaint, request ADA accommodations or ask for FMLA leave. Those who know they’re in trouble at work. They think that by doing so, they’ll make you think twice before discharging them. If that doesn’t keep you from firing them, guess what happens next.

If you want to create independent contractor relationships, get expert legal advice on how to structure the contract.
Q. Do we always have to allow intermittent FMLA leave for cancer treatments (e.g., chemo and radiation)? The employee is capable of working and says the treatments are available only during the day.
Employers are generally free to develop their own internal policies, but many laws require employers to notify employees of those policies. Consider the case of Jones v. City of Atlantic City in which an FMLA dispute revealed that Atlantic City hadn’t updated its handbook in 13 years. In fact, the last update happened two months before the FMLA was signed into law.
It’s more important than ever now for HR professionals to independently check supervisors’ disciplinary recommendations to ensure that they have no ulterior motives. That’s because the U.S. Supreme Court, in a much-anticipated “cat’s paw” ruling, said that an employer can be found liable for the discriminatory intent of supervisors who influence—but don’t ultimately make—an adverse employment decision.

Some employees with chronic health conditions believe that getting approved for intermittent FMLA leave means they can take protected time off anytime they feel sick. That’s simply not true. Intermittent leave can only be taken for illness, treatment or flare-ups directly related to a condition for which a health care provider has certified intermittent leave.

If your employee handbook has been gathering dust, now’s the time to update it. Start by doing a quick audit. Spend a half-hour today ensuring your handbook meets these six criteria.
Under the FMLA employers routinely ask an employee’s health care provider to complete a certification form justifying FMLA leave requests. That could create a GINA compliance problem, because the certification might reveal genetic information about the employee. There are obvious precautions that an employer should take to comply.
When an employee announces she’s pregnant, her employer better be able to deliver more than just congratulations. You need legally sound, consistent policies and practices to ward off potential pregnancy complications of your own. Here’s how best to comply with the FMLA, plus a sample policy you can adapt to your own organization:
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